159 judgments found.

Case No. STS 3527/11

Country: Spain
Year: 2011
Court: Supreme Court
Health Topics: Child and adolescent health, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Facts:

Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more

Tags: AIDS, Childbirth, Children, Condoms, HIV, HIV positive, HIV status, Infant health, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Kiyutin v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 2700/10, (2011) 53 EHRR 26; [2011] ECHR 439
Health Topics: HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life, Right to housing
Facts:

K was born in the Uzbek SSR of the Soviet Union and acquired Uzbekistan citizenship following the collapse of the USSR. In October 2002, K’s brother purchased a house in the Oryol Region of Russia. In 2003, K, his half brother and their mother moved into this house. In July 2003, K married a Russian …Read more

Tags: AIDS, HIV, HIV positive, HIV status, Most-at-risk, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs

A.B. v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, People living with HIV/AIDS, Prison conditions, Torture
Download Judgment: English

Case 108-2010-R

Country: Bolivia
Year: 2010
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

A constitutional amparo (writ of injunctive relief) petition was brought the petitioner on behalf of his minor daughter against the Department Director of the Sexually Transmitted Infections/A.I.D.S. (“STI/AIDS”) Program, alleging violations of his daughter’s rights to life, to health, to “legal certainty,” and to petition, as guaranteed by the Bolivian Constitution. The petitioner’s daughter lived …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Children, Essential medicines, Health expenditures, Health funding, HIV, HIV positive, Indigent, Low income, Minor, Pediatric health, People living with HIV/AIDS, PLHIV, Poor, Subsidies
Download Judgment: English Spanish

Case AI 780709/RS

Country: Brazil
Year: 2010
Court: Federal Supreme Court
Citation: AI 780709/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Budget, Essential medicines, Health spending, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV
Download Judgment: Portuguese

Eneh v. Holder

Country: United States
Year: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Budget, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Health expenditures, Health funding, HIV, HIV positive, Immigration, Imprisonment, Incarceration, Inhuman treatment, Lung disease, Marijuana, Migrants, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Prison conditions, Torture
Download Judgment: English

Kingaipe and Chookole v. Attorney General

Country: Zambia
Year: 2010
Court: High Court at Livingstone
Citation: 2009/HL/86
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to social security, Right to work
Facts:

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

Tags: AIDS, Examination, HIV, HIV positive, HIV status, Involuntary testing, Involuntary treatment, Most-at-risk, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Unauthorized treatment
Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

Law and Advocacy for Women in Uganda v. Attorney General

Country: Uganda
Year: 2010
Court: Constitutional Court at Kampala
Citation: [2010] UGCC 4; Constitutional Petition No. 8 of 2007
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy, Rights to the benefits of culture
Facts:

Petitioner NGO brought a petition requesting that the Court declare that the act of female genital mutilation (FGM) was in violation of various articles of the Uganda Constitution.  The Petitioner argued that FGM was practiced extensively by the certain Ugandan tribes, and that FGM was crudely carried out, involved excruciating pain, could lead to death, …Read more

Tags: AIDS, Degrading treatment, Female genital mutilation, Hepatitis, HIV, Humiliating treatment, Indigenous groups, Inhuman treatment, Maternal health, Maternal mortality, Torture, Transmission, Violence against women
Download Judgment: English

McCallum v. South Africa

Country: South Africa
Year: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

Tags: Abuse, Access to health care, Cruel treatment, Degrading treatment, Detainee, Detention, HIV, HIV status, Imprisonment, Incarceration, Inhuman treatment, Medical records, Most-at-risk, Prison conditions, Rape, Testing, Torture, Transmission
Download Judgment: English